Interpretation
68 Interpretation
In this Part, unless the contrary intention appears:
Australian contingent, in relation to a Peacekeeping Force, means a contingent of that Force that has been authorized or approved by the Australian Government.
Australian member, in relation to a Peacekeeping Force, means a member of that Force whose membership has been authorized or approved by the Australian Government.
authorized travel, in relation to a member of a Peacekeeping Force, means travel authorized by the appropriate authority, being an authority approved by the Minister for the purpose.
British nuclear test defence service has the meaning given by subsections 69B(2), (3), (4) and (5).
defence service means service, except peacekeeping service, of any of the following kinds:
continuous full‑time service rendered as a member of the Defence Force on or after 7 December 1972 and before the terminating date;
continuous full‑time service that was rendered by a person who:
was rendering continuous full‑time service as a member of the Defence Force immediately before the commencement of this Act; and
continued to render continuous full‑time service as such a member until and including the day immediately before the terminating date; and
was, immediately before the terminating date, bound to render continuous full‑time service as such a member for a term expiring on or after the terminating date;
and that was rendered by the person as a member of the Defence Force on and after the terminating date and before the earlier of the following:
the expiration of that term or, if that term is deemed to have been extended by subsection (4), (5) or (6), the expiration of the extension of that term;
the lawful termination of the person’s service as a member of the Defence Force otherwise than by reason of the expiration of the term for which the person is bound to serve;
hazardous service rendered before or after the terminating date;
British nuclear test defence service.
effective full‑time service, in relation to a member of the Defence Force, means any period of continuous full‑time service of the member other than:
a period exceeding 21 consecutive days during which the member was:
on leave of absence without pay;
absent without leave;
awaiting or undergoing trial in respect of an offence of which the member was later convicted; or
undergoing detention or imprisonment; or
in the case of an officer of the Defence Force who, on appointment, was a student enrolled in a degree or diploma course at a university or other tertiary educational institution and was required by the appropriate authority of the Defence Force to continue his or her studies after appointment—the period of the officer’s service during which, by reason of the requirement to engage in those studies or in activities connected with those studies, the officer was not regarded by the appropriate authority of the Defence Force as rendering effective full‑time service.
hazardous service has the same meaning as in subsection 120(7).
member of a Peacekeeping Force means a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force.
member of the Forces means a person to whom this Part applies by virtue of section 69, 69A or 69B.
Peacekeeping Force means:
a Peacekeeping Force described in an item of Schedule 3; or
a force raised or organised for the purpose of:
peacekeeping in an area outside Australia; or
observing or monitoring any activities of persons in an area outside Australia that may lead to an outbreak of hostilities;
being a force that is designated by the Minister, by notice published in the Gazette, as a Peacekeeping Force for the purposes of this Part.
peacekeeping service, in relation to a person, means service, whether before or after the commencement of this Act, with a Peacekeeping Force outside Australia, and includes:
any period after the person’s appointment or allocation to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force; and
any period (not exceeding 28 days) of authorized travel by the person outside Australia after the person has ceased to serve with the Peacekeeping Force.
terminating date means the date on which the Military Compensation Act 1994 commences.
The Military Compensation Act 1994 commenced on 7 April 1994.
For the purposes of the definition of peacekeeping service in subsection (1):
a person who has travelled from a place in Australia to a place outside Australia shall be deemed to have commenced to travel outside Australia when the person departed from the last port of call in Australia; and
a person who has travelled to Australia from a place outside Australia shall be deemed to have been travelling outside Australia until the person arrived at the first port of call in Australia.
The Peacekeeping Force described in an item of Schedule 3 is taken to have become a Peacekeeping Force for the purposes of this Part on the day specified in column 3 of that item.
A force designated by notice published in the Gazette, in accordance with paragraph (b) of the definition of Peacekeeping Force in subsection 68(1), as a Peacekeeping Force is taken to have become a Peacekeeping Force for the purposes of this Part on the date specified in the notice as the date on which it is to become, or is taken to have become, a Peacekeeping Force for the purposes of this Part.
For the purposes of the definition of defence service in subsection (1), where:
immediately before the terminating date, a person was bound to render continuous full‑time service as a member of the Defence Force for a term (in this subsection referred to as the relevant term) expiring on or after the terminating date; and
on or before the expiration of the relevant term, or of an extension of the relevant term by virtue of a previous application of this subsection, the person becomes bound to serve as a member of the Defence Force for a further term commencing immediately after the expiration of the relevant term, or of the extension of the relevant term, as the case may be;
the relevant term shall be deemed to be extended, or further extended, as the case may be, until the expiration of that further term.
Where a person who, immediately before the terminating date, was bound to render continuous full‑time service as a member of the Defence Force for a term expiring on or after the terminating date is, before the expiration of that term or of an extension of that term by virtue of subsection (4), discharged from the Defence Force for the purpose of being appointed an officer:
that discharge shall not be taken to be the lawful termination of the person’s services as a member of the Defence Force for the purposes of the definition of defence service in subsection (1); and
the relevant term, within the meaning of subsection (4), in respect of the person shall be deemed to be extended until the expiration of the period of continuous full‑time service that the person is bound to render by reason of his or her appointment as an officer.
Where:
immediately before the terminating date, a person was bound to render continuous full‑time service as a member of the Defence Force for a term (in this subsection referred to as the relevant term) expiring on or after the terminating date; and
on or before the expiration of the relevant term, or of an extension of the relevant term by virtue of a previous application of subsection (4) or (5), the person is discharged from the Army for the purpose of being appointed an officer of the Army, being an appointment that is not expressed to be for a specified period of service in a specified part of the Army or for such a period of service followed by a specified period of service in another part of the Army;
that discharge shall not be taken to be the lawful termination of the person’s services as a member of the Defence Force for the purpose of the definition of defence service in subsection (1) and the relevant term in respect of the person shall be deemed to be extended or further extended, as the case requires, until the lawful termination of that person’s service in pursuance of that appointment.
Subsections (4), (5) and (6) do not apply to a person who was bound to render continuous full‑time service as a member of the Defence Force immediately before the terminating date unless the person:
was so rendering continuous full‑time service immediately before the commencement of this Act; and
continued so to render continuous full‑time service until and including the day immediately before the terminating date.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.